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UNITED STATES v. KRAMER GROCERY CO.

No. 19665.

418 F.2d 987 (1969)

UNITED STATES of America, Appellant, v. J. B. KRAMER GROCERY CO., Inc., and James B. Kramer, Appellees.

United States Court of Appeals Eighth Circuit.

November 28, 1969.

Attorney(s) appearing for the Case

John L. Murphy, Acting Chief, Administrative Regulations Section, Criminal Division, Dept. of Justice, Washington, D. C., for appellant; Wilbur H. Dillahunty, U. S. Atty., Little Rock, Ark., James R. Rhodes, Asst. U. S. Atty., Little Rock, Ark., William W. Goodrich, Asst. Gen. Counsel, Dept. of Health, Education, and Welfare, Washington, D. C., and Eugene M. Pfeifer, Atty., Washington, D. C., on the brief.

H. David Blair, of Murphy, Arnold & Blair, Batesville, Ark., for appellees.

Before MEHAFFY, GIBSON and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

We are asked on this appeal to determine whether the trial court properly suppressed evidence seized by an inspector of the Food and Drug Administration during a warrantless inspection of a commercial warehouse owned by J. B. Kramer Grocery Company, Inc. The suppression was sustained on the grounds that: (1) FDA no longer has the right to conduct warrantless inspections of commercial premises unless the inspection has been consented to,

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